Question about refiling . . .

[KLH547]

If my case is dismissed without prejudice and I refile immediately, do you have to pay the full filing fee again? This is for Chapter 7. My income changed significantly the end of June - it was NOT expected and I filed June 15th. Of course. I meet with my atty. on Friday and I am trying to have all my ducks in a row. So to speak!

[aces67]

If my case is dismissed without prejudice and I refile immediately, do you have to pay the full filing fee again? This is for Chapter 7. My income changed significantly the end of June - it was NOT expected and I filed June 15th. Of course. I meet with my atty. on Friday and I am trying to have all my ducks in a row. So to speak!

Do you mean your income went significantly up or down? You may just need to redo your I and J.

[music12]

if it was dismissed without prejudice, i think there is a possibility that you can reopen the same case rather than refile. it probably depends on why it was dismissed. did you attorney screw up?

[KLH547]

It's a combination of the two - my atty. left three expenses as 0 on the sched. J and didn't deduct two payroll deductions from my sched. I. All data which he had and we went over! Also, my income has dropped since filing . . . I was just wondering what "looks" better - amending I & J or refiling . . .
I am seeing him on Friday so we'll be discussing it then!
Thanks!

[music12]

but those kinds of screw-ups don't lead to dismissal. dismissal could be because some certificate was missing or social security number or something like that. so why was it dismissed?

[aces67]

After re reading your post you said IF YOUR CASE IS DISMISSED so it hasn't been dismissed yet right?

My lawyer completely messed ours up- He made so many mistakes on the I and J that the UST flagged our case for presumption of abuse. He just submitted a correct I and J and dh's checkstubs to back it up and the UST was fine with it.

Don't panic just yet! What your lawyer did is most likely fixable.

[KLH547]

Correct, it has not been dismissed yet. I am having the same problem as aces67 - my lawyer made tons of mistakes on the I & J even though I supplied every form he asked for and now the UST is talking presumption of abuse . . . I was just making sure the amending the I & J don't raise lots and lots of red flags. . .
Thanks! This forum is incredibly helpful and I am so glad that I found it.

[aces67]

Correct, it has not been dismissed yet. I am having the same problem as aces67 - my lawyer made tons of mistakes on the I & J even though I supplied every form he asked for and now the UST is talking presumption of abuse . . . I was just making sure the amending the I & J don't raise lots and lots of red flags. . .
Thanks! This forum is incredibly helpful and I am so glad that I found it.

Trust me on this amending them is fine. If you're income has dropped even more since filing be prepared to submit all your checkstubs to the UST plus a corrected I and J. In our case the UST filed a motion to dismiss showing that we had almost $1000 a month leftover- Can you imagine? I freaked out completely! It took a month to get through it all but in the end the I and J showed only $15 a month leftover and our checkstubs proved that we weren't hiding anything we just hired a less than par attorney. The UST finally gave up and withdrew his motion.

It takes time but if you're lawyer just messed up it can be fixed!

Good Luck to you!